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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 514
Devolution of powers
514 Devolution of powers
(1) The Governor in Council may, by regulation, devolve to a local government
the administration and enforcement of— (a) the whole or part of an
environmental protection policy; or
(b) the issue of environmental
authorities; or
(c) another matter under this Act (other than chapter 2 or
chapter 7 , part 8 ).
(2) The administration and enforcement of this Act for
a matter relating to an area below the high or low water mark forming the
boundary of a local government’s area may be devolved to the local
government.
(3) On the commencement of the regulation— (a) the local
government becomes the administering authority for the devolved matter; and
(b) the local government’s chief executive officer becomes the administering
executive for the devolved matter; and
(c) the administration and enforcement
of the devolved matter is a function of local government to be performed by
the local government for its area.
(4) If the devolved matter relates to a
matter mentioned in subsection (2) , the local government’s area is, for
subsection (3) (c) , taken to include the area to which the matter relates.
(5) To remove any doubt, the local government may— (a) make a resolution or
local law (not inconsistent with this Act) about the fees payable to it for
the devolved matter; and
(b) make a local law (not inconsistent with this
Act) about any matter for which it is necessary or convenient to make
provision for carrying out or giving effect to the devolved matter.
(6)
Despite subsection (5) (a) , a local government may make a resolution or local
law prescribing a different fee, whether higher or lower, for something for
which a fee is prescribed under a regulation.
(6A) Despite subsection (5) (b)
, a local government may make a local law, for carrying out or giving effect
to the devolved matter, that is inconsistent with a regulation if the local
law imposes requirements in relation to environmental nuisance.
(7) If the
chief executive is satisfied the local government has failed to do anything in
the administration or enforcement of the devolved matter— (a) the chief
executive may do the thing; and
(b) the reasonable costs and expenses
incurred by the chief executive are a debt payable by the local government to
the State.
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